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Why should I consider a collaborative divorce?

Posted on in Collaborative Divorce

If you model your strategy after popular films or TV dramas portraying divorce, you’d likely pursue a high-conflict court battle to air your grievances against your soon-to-be ex-spouse. If your partner cheated or neglected you during the marriage, you have every right to feel that way.

But, in real life, only a small percentage of divorces go to trial. In fact, less than 10% result in litigation. The majority of divorcing couples want the experience to be quick and painless, especially if they have children. A peaceful resolution is usually best for everyone.

The benefits of collaboration

Collaborative law seeks to preserve the interests of both spouses in a divorce. It's an approach that stresses the areas where you agree and tries to find creative solutions for the issues where you don’t see eye to eye. Here are some of the main benefits:

  • You and your spouse control the process, including where, when and how often you meet
  • Both of you have your own lawyers, who are also committed to the collaborative process
  • Negotiations focus on both parties’ needs and not on “winning” or “losing”
  • You and your spouse decide the outcome, not a judge
  • The process helps establish a positive co-parenting relationship for the future
  • It concentrates on the future, not past disagreements and blame
  • The process is private as there is no public record of intimate personal and financial information
  • Collaboration helps save time, money and stress

Here's another incentive. Yes, you can change your mind and pursue litigation if you reach a stalemate. But, you’d have to start over since collaborative law attorneys can only represent you during the collaborative process. That will lead to increased legal costs and more stress.

The rewards of avoiding unnecessary conflict

Psychologists and experts in several fields have long detailed the many consequences of bitter, contentious breakups. Children of high-conflict divorces are more likely to suffer long-term behavioral and mental health repercussions. There is substantial proof that a collaborative approach helps everyone heal more quickly and results in a better financial outcome for everyone involved.

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